I got a £90 "fine" (discounted to £45 if I cough up within 14 days) from Smart Parking.

I gather that this is not like council parking fines or penalties but is in fact an invoice for the damages they have incurred !

Is this legally enforceable ?

I'm reluctant to just ignore it and hope it will go away because I don't want the stress hanging over me.

What do I need to do to make this go away ?

Should I contact the Co-op who own the car park

(it says coop car park on the ticket)?

What is a POPLA ?

Is there a template I can use ?

Nope. Not enforceable at all. The only one that is is council parking. These cowboys are the old clampers whose 'job' was made illegal, so now theyve moved on to trying to get money from car parks.

if you are issued a PCN by a private company, NEVER ignore it. Appeal it and when they reject it ( they always do), get the POPLA code and come back here, and we can give you the appeal you need .

Thanks for responding Renegadeimp.

Can you give me some idea of what to put in the appeal letter?

Do I ask for a breakdown of the "damages" they have allegedly incurred ?

Does it even matter what I say other than the fact that I'm appealing?

You can simply put anything you want. They'll reject it. If they didnt, then how would they make any money?

You can appeal with the facts if you want Just hunt around this forum and youll soon find your appeal.

Hi frannyally, Was this a "Ticket on the vehicle" ? Or "Number plate capture" ?

Was it "Pay and display" ? Or "Free" car park ?

It was a Pay and Display car park and the ticket was on the windscreen.

The majority of the car parks in that area of town are free and I was in a hurry and wasn't paying attention.

I wouldn't have minded so much if it had been a legitimate fine which is £40 discounted to £20,

I'm just outraged by the sheer cheek of the demand.

Its not a fine. Also there is absolutely no way they can ever justify £90 for 15 mins. Ever. Read around the forum, appeal how you want and get that POPLA code.

frannyally. At this stage do nothing. You have a "Notice to driver". The parking co. will write to you in the next 28 -56 days.

They will get the registered keeper details from DVLA, This will cost them £2.50 ish

Sit tight and wait. When you get the letter come back and advice will be given on next move.

F16

Yup, the notice to keeper must be received between those dates, not before or after. Make them spend their money. If you want to give them some grief later when they do write you can demand to see evidence of a contract betwen landlord and company that allows them to claim damages in their own name and whilst they are doing that enquire about the planning permission for parking, chances are the council have stipulated or agreed free parking for customers and these bandits cannot overrule that.

GPEOL And you normally will find that they will cancel the ticket. That's how it's been with my last few tickets.

What's GPEOL ? Sorry I'm not great with jargon. Thank you so much for all the responses, I feel a lot better about it now.

What's GPEOL ? Sorry I'm not great with jargon. Thank you so much for all the responses, I feel a lot better about it now.

Genuine Pre Estimate Of Loss.

It's what the charge has to be if it is for breach of contract.

Hi all ,

I have received the letter from Smart Parking regarding the £90 they are attempting to extort from me. They say if I don't cough up within 14 days they will passed to a debt recovery agent. Presumably I respond with an appeal letter. Do I do the GPEOL stuff now or does that come at the next stage ? Any advice ?

Hi

Now is the time to appeal. You can use GPEOL if you wish and that will be rejected by smart. It is the POPLA code you want.

As far as I am aware, every case taken to POPLA by a different company (Parking Eye) has been won by the appellant when the fact of GPEOL has been raised.

With your rejection should be a POPLA form advising you of the grounds for appeal but they only give 4. This is untrue. You can use whatever grounds you feel.

Ok, you parked on what date as your original post was on the 24th march. If this new letter is writing to you as the keepr of the vehicle they are being a bit keen on getting the letter to you but it is probably just correct as far as the timings allowed in law so all you need to do is appeal to Smart Parking and ask them for a copy of the contract between themselves and the CO-OP that shows an entitlement to claim for anything in their own name. Also ask them for a breakdown of their losses directly caused by your parking that would be above the price of the ticket and the administrative cost of acquiring your details and writing to you. In the light of the above you are prepared to pay the parking charge and the admin costs of £5 and if they do not agree to this offer then could they provide a POPLA code so you may appeal ther decision.

They will certainly reject this appeal and will undounbtedly not send you the contract details so a win at POPLA will be a likely outcome.

Get the letter off to Smart Parking and include a cheque for the £5 plus price of a ticket for the time parked there. I would hate it if they were willing to accept this offer of payment for your oversight and you didint offer to put them in a position that they would have been in had you paid at the time. When they refuse it will show that they are not after recovering their losses but after a fat profit from the penalty charge (unlawful)

Hi,

Just received two! One for the Co-Op through Britannia (Co-Op has closed down) and I cant remember it being a pay and display car park, but I am advised it is now, I have 14 days to appeal or £100 fine? And the worse one, Aldi Boscombe, where i put my reg number in after shopping (£129.94) but paid by cash, I was 1 hr 26 minutes as 4 people shopping in intervals whilst one went to the toilet! I have appealed the one in New Milton, and the same with Aldi, in law, can i ignore these idiots or do I have to go through a lot of pain, it was the day I had to put my dog down so I was in a mess? If so I cant understand the process so can someone advise? Still getting over my dog being put down to be honest, my head is in a mess.

Hi matt. Please make a new thread. Youre posting on one over 3 years old

But your situation is easy toi solve so try not to worry